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Constitutional Basis of Land
Zoning in Bangladesh
Hello!
I am Ariful Islam
Department of Land Management and Law
Jagannath University, Dhaka.
2
What is land?
⊹ Cultivated, uncultivated or covered with
water for specified period
⊹ Benefits arising out of land
⊹ Houses or buildings
3
Right to land includes
⊹ Right to use
⊹ Right to control
⊹ Right to transfer
Right to Use of land includes
⊹ Use for any purpose
⊹ Different purposes for different part of
land
⊹ Right to use in any form or nature
⊹ Right to change the nature
5
Right to
Property(Land)
Constitution of
Bangladesh(art.
42)
Right to
acquire, hold,
transfer and
dispose
Reasonable
Restrictions
UDHR(art.17)
Right to own
No arbitrarily
deprivation
Eminent
Domain
Constitutional basis: reasonable restrictions
⊹ For public purpose
⊹ Interest of Sovereignty and integrity
⊹ Morality
7
⊹ Prohibiting development projects near
forest is for the public purpose.
⊹ Prohibiting dwelling house near border is
for the interest of sovereignty.
⊹ Prohibiting bar in front of religious prayer
hall is for respecting the morality.
8
Another way: eminent Domain
⊹ It refers domination of state.
⊹ The domination must be backed by
compensation and sanctioned by the
proper authority.
⊹ The theory of public purpose is also
applicable here.
9
Land Zoning
⊹ Classification of land according to it’s
suitability
⊹ Restriction on industrial and commercial
developments
⊹ Different rules and regulations for
different zones
10
Types of zoning
⊹ Single use zoning(Euclidian zoning)
⊹ Mixed use zoning
⊹ Form based zoning
⊹ Conditional zoning
⊹ Pattern zoning
11
Natural principles of zoning
⊹ Classification should be based on natural
characteristics rather than economic
conditions
⊹ Preservation as a permanent productive
resource
12
Importance of zoning
⊹ To facilitate planned and systematic
utilization of land.
⊹ To ensure stipulated use of land to ensure
maximum utilization of land and stop
misuse of land.
13
Positive aspect of zoning
14
Negative aspect of zoning
15
"Colored Waiting Room" sign from segregationist era United States 1943
Thanks!
Any questions?
17

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Constitutional basis of land zoning.pptx

  • 1. Constitutional Basis of Land Zoning in Bangladesh
  • 2. Hello! I am Ariful Islam Department of Land Management and Law Jagannath University, Dhaka. 2
  • 3. What is land? ⊹ Cultivated, uncultivated or covered with water for specified period ⊹ Benefits arising out of land ⊹ Houses or buildings 3
  • 4. Right to land includes ⊹ Right to use ⊹ Right to control ⊹ Right to transfer
  • 5. Right to Use of land includes ⊹ Use for any purpose ⊹ Different purposes for different part of land ⊹ Right to use in any form or nature ⊹ Right to change the nature 5
  • 6. Right to Property(Land) Constitution of Bangladesh(art. 42) Right to acquire, hold, transfer and dispose Reasonable Restrictions UDHR(art.17) Right to own No arbitrarily deprivation Eminent Domain
  • 7. Constitutional basis: reasonable restrictions ⊹ For public purpose ⊹ Interest of Sovereignty and integrity ⊹ Morality 7
  • 8. ⊹ Prohibiting development projects near forest is for the public purpose. ⊹ Prohibiting dwelling house near border is for the interest of sovereignty. ⊹ Prohibiting bar in front of religious prayer hall is for respecting the morality. 8
  • 9. Another way: eminent Domain ⊹ It refers domination of state. ⊹ The domination must be backed by compensation and sanctioned by the proper authority. ⊹ The theory of public purpose is also applicable here. 9
  • 10. Land Zoning ⊹ Classification of land according to it’s suitability ⊹ Restriction on industrial and commercial developments ⊹ Different rules and regulations for different zones 10
  • 11. Types of zoning ⊹ Single use zoning(Euclidian zoning) ⊹ Mixed use zoning ⊹ Form based zoning ⊹ Conditional zoning ⊹ Pattern zoning 11
  • 12. Natural principles of zoning ⊹ Classification should be based on natural characteristics rather than economic conditions ⊹ Preservation as a permanent productive resource 12
  • 13. Importance of zoning ⊹ To facilitate planned and systematic utilization of land. ⊹ To ensure stipulated use of land to ensure maximum utilization of land and stop misuse of land. 13
  • 14. Positive aspect of zoning 14
  • 15. Negative aspect of zoning 15
  • 16. "Colored Waiting Room" sign from segregationist era United States 1943

Editor's Notes

  1. This definition can be found in the State Acquisition and Tenancy Act, 1950, S 2(16)
  2. UDHR= Universal Declaration of Human Rights
  3. Though the restriction is not qualified with the word `reasonable’. No restriction will be constitutional if it is unreasonable. It is the basic principle of the Constitution.
  4. 1. Village of Euclid, Ohio v. Ambler Realty Co. 272 U.S. 365 (1926) 2. Conditional: Local agencies can restrict the time, place and manner in which convenience stores, liquor stores and fast-food outlets operate. 3. Pattern zoning is a zoning technique in which a municipality provides licensed pre-approved building designs.